"US Judge Allows Transgender Person To Sue Under Disability Law"
FR: Never Accept the Premise of Your Opponent’s Argument
There are two major constitutional problems with the judge’s decision imo.
First, while I agree with the idea of federal protections for disabled people in principle, it remains that the states have never amended the Constitution to expressly protect disabled people.
Next, regarding so-called federal sex protections, the only sex-related right that the states have amended the constitution to expressly protect deals only with voting rights, evidenced by the 19th Amendment. But since the referenced politically correct transgender issue is clearly outside the scope of voting rights, the feds don’t have the power to interfere with this issue.
"Our citizens have wisely formed themselves into one nation as to others and several States as among themselves. To the united nation belong our external and mutual relations; to each State, severally, the care of our persons [emphasis added], our property, our reputation and religious freedom.” —Thomas Jefferson: To Rhode Island Assembly, 1801.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. …” —United States v. Butler, 1936.
So the judge’s misguided (imo) decision in this case is another example of the already unconstitutionally big federal government slowly unconstitutionally expanding its powers. Both Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had warned patriots to be vigilant against the feds doing this.
”I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.” —James Madison, Speech at the Virginia Convention to ratify the Federal Constitution (1788-06-06)
”To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.” —Thomas Jefferson, Jefferson's Opinion on the Constitutionality of a National Bank : 1791
”The system of the General Government is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give right, he who lies still loses all.” —Thomas Jefferson to James Monroe, 1797.
Drain the swamp! Drain the swamp!
Remember in November ’18 !
Since Trump entered the ’16 presidential race too late for patriots to make sure that there were state sovereignty-respecting candidates on the primary ballots, patriots need make sure that such candidates are on the ’18 primary ballots so that they can be elected to support Trump in draining the unconstitutionally big federal government swamp.
Such a Congress will also be able to finish draining the swamp with respect to getting the remaining state sovereignty-ignoring, activist Supreme Court justices off of the bench.
In fact, if Justice Gorsuch turns out to be a liberal Trojan Horse then we will need 67 patriot senators to remove a House-impeached Gorsuch from office.
Noting that the primaries start in Iowa and New Hampshire in February ‘18, patriots need to challenge candidates for federal office in the following way.
While I Googled the primary information above concerning Iowa and New Hampshire, FReeper iowamark brought to my attention that the February primaries for these states apply only to presidential election years. And after doing some more scratching, since primary dates for most states for 2018 elections probably haven’t been uploaded at this time (March 14, 2017), FReepers will need to find out primary dates from sources and / or websites in their own states.
Patriots need to qualify candidates by asking them why the Founding States made the Constitution’s Section 8 of Article I; to limit (cripple) the federal government’s powers.
Patriots also need to find candidates that are knowledgeable of the Supreme Court's clarifications of the federal government’s limited powers listed below.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphasis added].” —Gibbons v. Ogden, 1824.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
great information & analysis.